I recently was recorded during a telephone conversation and was not infromed of it until after the fact. I know for a fact that the call was an interstate call. I have also been informed that the tape will be used as evidence against me. My question is can the tape be used against me as I didnt know I was being taped and also since this is a violation of federal laws can I do anything about this?
2007-11-14 23:26:12 · 14 answers · asked by butterfly02012001 2 in Politics & Government ➔ Law & Ethics
A collection agency who is trying to collect on a debt that should not have been incurred called. I said "(Debtor) can kiss my #$%, and they can pay me." I hung up.
5 minutes later, another representative of them called back saying they were bringing legal action against me and they had a recording of the phone call stating "I refused to pay."
I never stated directly that I refused to pay.
2007-11-15 07:48:23 · update #1
Oh, the call was from Oregon, and I live in North Carolina.
2007-11-15 07:50:56 · update #2
I think you need to research this some more, I don't believe a federal law has been violated.
In general, as long as one party of a phone call is aware that the call is being recorded it is legal to do so.
Best advice, contact a lawyer and go from there.
(after reading your additional comments)
Do some research on the Fair Debt Collection Practices Act. I think you'll find that the collection agency violated that law in a number of areas (hint - they cannot make "threats" concerning legal actions). If they call back, tell them to kiss off and advise them that YOU are recording the conversation to turn over to your lawyer to pursue legal remedies pursuitant to this law. You'll be surprised how fast they change their tone and/or terminate the call.
2007-11-14 23:33:18 · answer #1 · answered by John B 2 · 0⤊ 0⤋
In the front pages of your phone book, there is a section on "Annoyance Calls." You may want to read that, as well as look at relative information on other pages. If you made any THREATS TO HARM during the phone conversation, it can be used against you in a court of law.
If this was a call from a business, you may call the supervisor of the person you spoke with and advise them that you were recorded without your knowledge. It sounds to me like someone is bluffing and trying to scare you but it doesn't hurt to get ahead of the game.
You need to step back and do some serious thinking about the things that you said, as well as the things that were said to provoke you. Document EVERYTHING, beginning with the date and time of the call, who was calling, and the reason for their call. Write down the entire conversation and don't try to change anything. Put that information in a safe place and don't tell anyone that you have it. Then if you have to go to court about it, you will be ready. That will be the time to turn a COPY of it over to your attorney.
2007-11-14 23:43:57 · answer #2 · answered by Laredo 7 · 0⤊ 0⤋
sue, but if it was a federal agency that recorded you, you were most likely recorded from a legal warrent. If a private party recorded you and turned it over to police and you are guilty of something from it, you have no case. If you are not guilty, the recording may be viewed as harrasment, invasion of privacy and a violation of the 1993 surviellance act.
BTW if this has to do with a divorce and your husband is trying to prove you are unfit by recording a phone conversation where you admit your a coke freak, don't worry - judges hate when the parties do their own investigating, and the lawyers should (should) not try to introduce evidence obtained without a warrant or probalbe cause for search and seizure.
2007-11-14 23:28:31 · answer #3 · answered by blase' blahhh 5 · 0⤊ 0⤋
Sounds like you need a lawyer, not yahoo answers.
I would think that if your voice is not on the tape saying it was OK to record, then it may not be used against you, but they twist the rules all the time.
Look at the OJ tapes being used right now.
2007-11-14 23:35:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on what state you live in. In some states, it's legal to record a telephone conversation if one of the parties knows that it is being recorded. In most states, though, both parties must be informed. Check out this website.
http://www.callcorder.com/phone-recording-law-america.htm
2007-11-14 23:31:33 · answer #5 · answered by Denise P 4 · 0⤊ 0⤋
It's only a violation if the person(s) recording you work for law enforcement or government. In that case, they would need a warrant and they still wouldn't need to really inform you.
If the recording was obtained by anyone else, it can be considered admissible evidence.
2007-11-14 23:29:46 · answer #6 · answered by Guma Kawauso 4 · 0⤊ 0⤋
Like it or not, YOU violated the restraining order by taking the call, and it's a felony. If you have caller ID you could take that to the cops and try to get her busted for calling you, but she could nail you to the wall if she can prove you accepted the call. Dude, the FemiNazis have it all locked up. I'd start looking at monestaries, except they're targeting them too. I hear Beruit is nice and safe this time of year...
2016-04-04 02:21:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Nope! Because it isn't a violation of federal law depending on where it was recorded! Your lawyer will probably try to get it thrown out, but it will still be used.
2007-11-14 23:30:40 · answer #8 · answered by da_zoo_keeper 5 · 1⤊ 0⤋
It does depend on the context. Usually information gained in this manner cannot be used against you as it is illegally obtained.
However, if, for instance, it implicated you in a conspiracy to commit a serious crime then it may be considered into evidence.
2007-11-14 23:30:25 · answer #9 · answered by dementedpineapplemonster 2 · 0⤊ 0⤋
Who did it? It might not be admissible in court. If the Feds themselves did it, I'll say bye bye right now!
2007-11-14 23:29:57 · answer #10 · answered by char__c is a good cooker 7 · 0⤊ 0⤋